About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-193613 1 (1979-03-05)

handle is hein.gao/gaobadgyz0001 and id is 1 raw text is: 

                        THE  COMPTROLLERGERA
DECISION ./    . OF THE UNITED STATES
                         WASHINGTON, D.C. 20548
                 LUN I T E


FILE:

MATTER  OF:


B-193613


S. Livingston


DATE:  March 5, 1979

& Son, .Inc..      0   %


DIGEST:

1.   Protest of agency's failure to list salient
     characteristics for specified fabric is de-
     nied where only reasonable interpretation of
     specification is that brand name or equal
     provision applied only to fabric color
     which is essentially subjective criterion not
     subject to narrative description.

2.   Although invitation should have specifically
     advised bidders of. location and availability
     of color swatches for use in matching speci-
     fied brand name color, invitation deficiency
     did not prejudice protester as swatches were
     available, were furnished to other bidders
     and would have been furnished to protester
     if it had requested information concerning
     swatches from procurement office in accord-
     ance with solicitation instructions to direct
     requests for information to that office.


     S. Livingston & Son, Inc. (Livingston) protests
any contract award under invitation for bids No. BO/TC-
M-00066, issued by the General Services Administration
(GSA), Boston, Massachusetts.  As its bases for pro-
test, Livingston alleges that it was precluded from
submitting a bid because the specifications purportedly
required materials which were unavailable; that a brand
name or equal provision failed to list the salient
characteristics to permit bidders to determine what
qualities were required in an alternative to the brand
name that would establish it as an equal; and that
samples which would permit bidders to determine the
exact nature of that which was required to be furnished
were unavailable.  Livingston requests that the speci-
fications be revised and that the procurement be
resolicited.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most